Posted on 02/23/2013 8:32:37 AM PST by redreno
Las Vegas Township Constable John Bonaventura will not face criminal charges related to his arrest last week on suspicion of driving under the influence, Clark County District Attorney Steve Wolfson said.
In a statement, Wolfson said that although Bonaventura’s preliminary breath test showed he was over the legal blood-alcohol limit when he was pulled over Feb. 12, that test is not admissible in court. An arrest report indicates he registered a level of 0.099 on that test.
A second, admissible breath test showed Bonaventura’s blood-alcohol level at 0.069, below the legal limit of 0.08. That test was administered at the Clark County Detention Center less than two hours after his arrest, the report said.
(Excerpt) Read more at lasvegassun.com ...
:: although Bonaventura’s preliminary breath test showed he was over the legal blood-alcohol limit when he was pulled over Feb. 12, that test is not admissible in court. ::
Guess I’ll need to read the article but I’m guessing they don’t give a reason as to why it isn’t admissable.
Anyone else want to speculate on “why”?
Hmmmm — because he’s a Constable and has friends? However, I’m sure they would do that for just about anybody/s.
I need to remember to tell them “the first one doesn’t count!” if I get pulled over in Vegas, and that two or three hours later is a better test. I’m sure I’ll get the same consideration as one of their own.
If you are certain that you are close to the limit, just tell the cop that you regret taking that last shot just before you left. They’ll deliberately delay taking a second test in hopes of you testing higher. That delay may get you under the limit. (If you know you’re over the limit, don’t bother. It probably won’t help.)
Bad advice. My friend took a test and passed with .06 They made him stay there. The 2nd test he failed with .08! It was thrown out in court because after the first test they should of let him go.
He lived 3 blocks away and it was an expensive trip to the supermarket.(lawyer fees)
“An arrest report indicates he registered a level of 0.099 on that test.
A second, admissible breath test showed Bonaventura’s blood-alcohol level at 0.069, below the legal limit of 0.08. That test was administered at the Clark County Detention Center less than two hours after his arrest, the report said.”
From Wiki:
“The rate of elimination in the average person is commonly estimated at .015 to .020 grams per deciliter per hour (g/dl/h),[50] although again this can vary from person to person and in a given person from one moment to another.”
https://en.wikipedia.org/wiki/Blood_alcohol#Metabolism_and_excretion
So, 2 hours ought to reduce the BAC by 0.03-0.04. That would take 0.099 down to 0.059-0.069. IOW, the time lapse fully explains the reduction seen. Must be nice, having the special “Cop rights” to drink & drive...
;>(
and explain why the first test is not admissable in court...?
for us shmoes the first test would be the only test.
Supreme Court case:
“Court Weighs Warrantless Blood Tests in DUI Cases
Is the dissipation of alcohol in the blood over time reason enough for police to call for a blood test without first getting a warrant?”
http://www.lawofficermagazine.com/article/news/court-weighs-warrantless-blood
You know that he would not. He is part of the system and the system takes care of its own. If he had killed any number of people in a traffic accident, he still would not have faced charges. The law is to keep the serfs in line and he is a part of the ruling class.
I’ve seen the opposite occur. A .08 breath test at the arrest dropped to a .06 on the blood test taken at the jail two hours later. (You’re right, though, that his initial .06 should have gotten him released and that the second test shouldn’t have occurred.)
“These aren’t the drunk drivers you are looking for.”
Blowing 0.0 can still wind up with a conviction. Blowing below the number does not prevent a charge. Blowing OVER the number makes it easier to get a conviction.
It isn’t about safer driving. They’d ban cellphone driving and texting if that was the case. It’s about revenue tickets (thousands of dollars) and a neoprohibitionist movement (even the founder of MADD left the organization when she realized this).
Here’s a two hour break - now go metabolize some ethyl alcohol!
One law for government employees, another law for thee.
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